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Motion to Change Application - No Response!!

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  • Motion to Change Application - No Response!!

    Any advice would be great...
    My ex and I have a final child support court order from 2007, which has over $12,000.00 retro child support. I was 17 when my daughter was born in 2005. In 2007 my ex filed with the courts for a child support order, at this time I was 19 and not very grown up so I did not attend court. My ex stated in the paper work my annual income was $33,000.00/year in 2005-2007. The judge granted the order based on the info she provided. I was young and stupid and very selfish at the time, I did not see my daughter for over 2 years. I moved to another province and started paying support plus some of my arrears, after a year of flawless payments I decided to file a Motion to Change the order because I was struggling making the large payments and had another child on the way with my now wife. Because it was a different province I had to file an ISO application. I obtained a laywer who helped me through it all. 6 months after I filed the ISO application my wife and I decided to move back to the same province as my other daughter so she could be close to her new step brother and me. I have my daughter 70% of the time now which I love. My ex was finally served with the Motion to Change papers, which I was not aware of because when I moved back to the province my laywer notified me that I would now need to file the papers in my residing province. She received the papers Dec.1st, and still has not replied. From my research online she has 30 days to respond. What happens next...will the judge grant the Motion to Change according to my completed paper work? Or will she still have a chance to state her case? Please help.

    I should make this a little more clear. The reason I applied for the Motion to Change was because the CS payments are based on me making $33,000.00/year when in 2005 I made $9000.00(I was only 17), 2006 I made $16,000.00 and in 2007 & 2008 I made approx. $18,000.00. I moved to another province to make more money which in 2009 I made approx $25,000.00. I did not apply for a Motion to Change "just because I didnt want to make the big payments". I applied to have the original order corrected so the arrears is dropped. If this happens I have actually over paid her $4000.00 in the past 3 years.


  • #2
    Re: Motion to Change Application - No Response!!

    Doesn't matter if she responds or not. They will still calculate the child support payments on what your income is,what her income is, and the needs of the child.

    Also, If they lower your payments, you will still pay the arrears. They will add so much per month to the new payment for the arrearages.

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